Exhibit 4.8.1
THE INDEBTEDNESS EVIDENCED HEREBY IS SUBJECT TO
THE PROVISIONS OF A SUBORDINATION AGREEMENT DATED JULY
, 2009 BETWEEN LENDER AND WELLS
FARGO BANK NATIONAL ASSOCIATION
AMENDMENT NO. 1
TO
SUBORDINATED SECURED PROMISSORY
NOTE
THIS AMENDMENT NO. 1 TO
SUBORDINATED SECURED PROMISSORY NOTE dated as of July 20, 2009 (this “
Amendment ”), is entered into by and among MGP
INGREDIENTS, INC., a Kansas corporation and MIDWEST GRAIN
PIPELINE, INC. , a Kansas corporation (each a “
Borrower ” and collectively the “
Borrowers ”), and the CLOUD L. CRAY, JR. TRUST
under agreement dated October 25, 1983 (together with its
successors and assigns, the “ Lender
”).
RECITALS
A.
The Borrowers and the Lender have
entered into that certain Subordinated Secured Promissory Note
dated March 27, 2009 (as renewed, amended or otherwise
modified, the “ Note ”).
B.
The Borrowers and the Lender desire
to amend the Note to, among other things, extend the Maturity
Date.
C.
Subject to the representations and
warranties of the Borrowers and upon the terms and conditions set
forth in this Amendment, the Lender is willing to grant such
amendment as more fully set forth herein.
AGREEMENT
NOW, THEREFORE
, in consideration of the foregoing
Recitals, and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, and intending to be
legally bound, and to induce the Lender to enter into this
Amendment, the Borrowers and the Lender hereby agree as
follows:
SECTION 1.
DEFINED TERMS.
Capitalized terms used herein but
not otherwise defined herein shall have the meaning assigned to
such terms in the Note.
SECTION 2.
AMENDMENT.
Section 2 of the Note is
amended and restated in its entirety to read as follows:
“2.
MATURITY DATE.
The “ Maturity Date
” of this No
